, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
We are going to consult on the conduct Order, which will be an amendment to the conduct Order for the Members and elections Senedd reform Bill anyway. There'll be a full consultation. This has been discussed extensively with all of the organisations involved…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Do you want to answer this, Anna?
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Who's taking—? Sorry. What did you say?
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Yes. Obviously, it's very important, this hearing.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
We've been through this question already, I believe, this afternoon, but if anyone wants to add to what I've said.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
I think this goes back to the earlier points that we need to have flexibility, we need to understand the detail. It is a new process. It's a new process for our returning officers. We will have our new national nominations compliance officer. It's good that…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Thank you for that question. All the functions of the constituency returning officers and, indeed, the new national nominations compliance officer will be provided for in an Order under section 13 of the Government of Wales Act, as I've already referred…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Could I perhaps just say also that a returning officer could reject a nomination if the candidate's particulars are not as required by law? But that applies at the moment in terms of elections.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
There is not going to be any criminal offence for making a false or incorrect statement. I think it's really important that political parties have been giving evidence to the Senedd reform committee about what they feel about this Bill, because it's going to…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
We are talking about candidate statements, as you're aware. What we will be asking for in the conduct Order will be for mandatory statements. We will be setting out the terms of the statement in the conduct Order. We are, at the moment, talking with…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
That's where it's important that we have, in section 2, a review mechanism. Because, obviously, in terms of review, unintended consequences are then—. Once you implement a Bill or any legislation, you have to learn from it and then the option for a review…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Thank you, Chair. We considered several options in developing a Bill, and not including a definition is our preferred option, because the Bill is not about defining a woman. The Bill's not about gender recognition, and, indeed, it's not uncommon for…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Well, of course, the approach we've taken in the Bill is really very much in keeping with existing ways in which we separate primary and secondary legislation, particularly governing Senedd elections, which, mainly, are between the Government of Wales Act and…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
No. We've recognised that any Bill, and this is a Bill that is a groundbreaking Bill, it is trying to develop a new path to a more effective Senedd, and clearly we understand that it is being contested, it's scrutinised. But we're not ruling that out at all…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
If we want to go back to some of—. I hope you will be looking at some of the evidence from external legal advisers. As I said, the evidence that had come from Professor Thomas Glyn Watkin KC, his overall conclusion, is that, although finely balanced, the Bill…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Will, would you like to come in?
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
I mean, obviously, the long title of the Bill and the Bill itself is there to tell you how you will deliver on your purpose. All Bills do that, don't they? Here's the lawyer; you can—[Laughter.]
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
—advice, which is on balance. It's really important that we recognise that that legal advice is looking at the position of comments, and recognise it's finely tested. But I think the important issue here that we're discussing is how the Bill's purpose is to…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
I would disagree about there being no consensus on competence. Clearly, we've just discussed that in terms of the earlier questions on the Bill. It's really important this is tested out, as you say, in the questions that you're putting to me today. But I…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Well, I certainly acknowledge that we needed to look at and consider both article 3 and article 14. And I think, just perhaps to say in terms of article 3, that's really important to put on the record, that the point about that is the right to stand. And I…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Well, we have, obviously—. In terms of the equality and human rights impact assessment, you will have seen that we have looked at particular convention rights, specifically article 8, the right to privacy; article 3 of protocol 1, the right to stand for…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Diolch yn fawr, Luke Fletcher. We've taken a full assessment of the human rights implications. We're satisfied that the Bill is compatible with convention rights. Of course, you will have seen the fact that we published the equality and human rights impact…
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
At this stage, I've made my point. I don't think there's anything more to be added to that.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
—and the question of competence. But, also, your consideration, all the considerations, will help inform the next steps and the way forward, but we are very clear that the Bill—. We're very clear that it's within the Senedd's legislative competence.
, Legislation, Justice and Constitution Committee
Senedd Cymru (Electoral Candidate Lists) Bill: Evidence Session
Well, I think we've covered that already quite well, hopefully, this afternoon. I do consider that the Bill is within the Senedd's legislative competence, as I've said, but what's good is that you are questioning, and you, as a committee now are considering…
